JUST Committee Meeting

The Standing Committee on Justice and Human Rights met at 11:01 a.m. this day, in Room C-110, 1 Wellington Street, the Chair, Mike Wallace, presiding.

The Committee commenced its clause-by-clause study of the Bill.

Paul Saint-Denis answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

Clause 2 carried.

On Clause 3,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Maria Mourani for the consideration of the Committee, was deemed moved:

That Bill C-10, in Clause 3, be amended by replacing lines 14 to 27 on page 2 with the following:

“than five years; or”

RULING BY THE CHAIR

Bill C-10 aims to amend the Criminal Code by creating a new offence of trafficking in contraband tobacco and to provide for minimum penalties for repeat offenders. The amendment proposes to remove these minimum penalties.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the amendment aims to remove the essential element of the Bill which is contrary to the principle of the Bill.

Therefore the amendment is inadmissible.

“a term of 90 days, unless the court is of the opinion that there are exceptional circumstances related to the offender that justify it deciding otherwise,

(ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, unless the court is of the opinion that there are exceptional circumstances related to the offender that justify it deciding otherwise, and

(iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day, unless the court is of the opinion that there are exceptional circumstances related to the offender that justify it deciding otherwise; or”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Maria Mourani for the consideration of the Committee, was deemed moved:

That Bill C-10, in Clause 3, be amended by deleting lines 31 to 37 on page 2.

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 0; NAYS: 7.

Clause 3 carried by a show of hands: YEAS: 7; NAYS: 0.

Clause 4 carried by a show of hands: YEAS: 8; NAYS: 0.

Clause 1, Short Title, carried.

The Title carried.

The Bill carried.

ORDERED, — That the Chair report the Bill to the House.

At 11:19 a.m., the Committee adjourned to the call of the Chair.